How long does it take for the company to apply for cancellation?

It usually takes 2-3 months to cancel a company. The process of industry and commerce and taxation can be carried out at the same time. First of all, the industrial and commercial bureau needs to register and cancel in the past, and then publish it in the newspaper. It takes 45 days to submit the formal cancellation information and one week to approve it. If there is no national tax, you can cancel the local tax directly for 15-20 days. If there is a national tax, the national tax must be cancelled first, and then the local tax must be cancelled.

The materials required for cancellation of the company are as follows:

1. Application for cancellation of company registration signed by the person in charge of the liquidation group of the company or the legal representative of the company;

2. "Application for Confirmation of Filing" by members of the liquidation group;

3. Bankruptcy ruling of the court, documents ordered by the administrative organ to close down or resolutions made by the company according to law;

4. Liquidation report confirmed by the shareholders' meeting or relevant departments;

5. Sample newspaper with cancellation notice;

6. Other documents required by laws and administrative regulations.

1. How long does it take to cancel the company?

It usually takes 2-3 months to cancel the company, and the industrial and commercial and tax processes can be carried out at the same time. First of all, the industrial and commercial bureau needs to register and cancel first, and then publish it in the newspaper. It takes 45 days to submit the formal cancellation information and one week to approve it. If there is no national tax, you can cancel the local tax directly, which takes 15-20 days. If there is a national tax, the national tax must be cancelled first, and then the local tax must be cancelled. During the cancellation process, the company needs to cancel the corresponding accounts in the following seven departments or institutions:

1. Social Security Bureau: Check whether there are unpaid social security fees, and then cancel the social security account of the company.

Tax official: Check whether there are any unpaid taxes or fees, and then cancel the national tax and local tax of the company.

3. Newspaper media: The company needs to publish an announcement in the newspaper to announce that the company is about to cancel.

4. Industry and Commerce Bureau: handle the company's record cancellation and cancel the business license.

5. Opening bank: cancel the company's account opening license, bank basic deposit account and other accounts.

6. Quality Supervision Bureau: Go to the Quality Supervision Bureau to cancel the company's license, such as production license.

7. Public security organ: the legal effect of canceling the company seal (the seal itself may not be handed in).

Two. Materials required for cancellation of the company

1. Application for cancellation of company registration signed by the person in charge of the liquidation group of the company or the legal representative of the company;

2. "Application for Confirmation of Filing" by members of the liquidation group;

3. Bankruptcy ruling of the court, documents ordered by the administrative organ to close down or resolutions made by the company in accordance with the Company Law;

4' liquidation report confirmed by the shareholders' meeting or relevant departments; ‘

5. Sample newspaper with cancellation notice;

6. Other documents required by laws and administrative regulations.

A limited liability company submits a resolution to the shareholders' meeting, and a joint stock limited company submits a resolution to the shareholders' meeting. A limited liability company shall be signed by shareholders representing more than two thirds of the voting rights. If the shareholders are natural persons, they shall be signed by themselves, and shareholders other than natural persons shall affix their official seals. A joint stock limited company shall be affixed with the official seal by the promoters representing more than two thirds of the voting rights or confirmed by the chairman of the shareholders' meeting and the directors present at the meeting.

After the company goes bankrupt, its assets need to be liquidated. After the liquidation, the company will pay off employees' wages, social security expenses, taxes owed and debts owed in the order. After the company is paid off, the remaining money will be distributed among shareholders. If the company is insolvent, it will distribute its assets to employees and creditors in the above order according to a certain proportion.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 188 of People's Republic of China (PRC) Company Law

After the liquidation of the company, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation, and submit it to the company registration authority for cancellation of company registration, and announce the termination of the company.

Article 186

After clearing up the company's property, preparing the balance sheet and property list, the liquidation group shall formulate the liquidation plan and report it to the shareholders' meeting, shareholders' meeting or the people's court for confirmation.

After paying the liquidation expenses, employees' wages, social insurance premiums and statutory compensation, paying the taxes owed and paying off the debts of the company, the remaining property of the company shall be distributed according to the proportion of capital contribution of shareholders of a limited liability company and the proportion of shares of shareholders of a joint stock limited company.

During the liquidation period, the company shall survive, but shall not carry out business activities unrelated to liquidation. The company's property shall not be distributed to shareholders before it is paid off in accordance with the provisions of the preceding paragraph.

Article 2 of the Regulations of the People's Republic of China on the Administration of Company Registration

The establishment, alteration and termination of limited liability companies and joint stock limited companies (hereinafter referred to as companies) shall be registered in accordance with these regulations.

Article 8

The municipal (regional) administration for industry and commerce, the county administration for industry and commerce, the sub-bureaus of the municipal administration for industry and commerce and the sub-bureaus of the municipal administration for industry and commerce divided into districts are responsible for the registration of the following companies within their respective jurisdictions:

(1) Companies other than those listed in Articles 6 and 7 of these Regulations;

(2) Companies registered with the approval of the State Administration for Industry and Commerce and the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government.

The specific jurisdiction of registration as mentioned in the preceding paragraph shall be stipulated by the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government. However, a joint stock limited company shall be registered by the city (region) administration for industry and commerce with districts.

Article 44

The company shall terminate after cancellation of registration by the company registration authority.